"It does not prohibit a person with a permit to carry concealed weapons from knowingly carrying a recklessly not-unloaded firearm in a public place. It does not prohibit a person from carrying a recklessly not-unloaded weapon in a public place in order to engage in justified conduct - reasonable defense of self against felonious attack," the judge continued.
There's a phrase you don't see every day.
I despite lawyers and find them feckless turds. Evidence shows they can’t be trusted.
I despite lawyers and find them feckless turds. Evidence shows they can’t be trusted.
So in Portland you can walk around with an unloaded weapon and make believe you work at the Egyptian Embassy..... GREAT!!! /s
“Judge Rex Armstrong found the majority's interpretation of the ordinance implausible. ‘So understood, the ordinance distinguishes between a gang member who carries a gun that another gang member has asked the person to carry to patrol the gang's purported territory and a person who carries a gun to a shooting range that the person's parent has said is unloaded,’ Armstrong wrote in his dissent.”
Are they also going to check criminals to make sure their weapons are not loaded? Conservative minds would like to know.
http://www.scotusblog.com/wp-content/uploads/2008/06/07-290.pdf
Page 57:
See also State v. Reid, 1 Ala. 612, 616–617 (1840) (“A statute which, under the pretence of regulating, amounts
to a destruction of the right, or which requires arms to be
so borne as to render them wholly useless for the purpose
of defence, would be clearly unconstitutional”).
So I can carry my nine with say 14 rounds in it. The magazine capacity is 15. So it wouldn’t be loaded, just partially loaded... Probably too fine a distinction for Portland’s finest...
Well, I guess the people of Portland can use their unloaded guns as throwing weapons. If accosted by a murderer or criminal that is going to do you in.....simply pull your gun out, check to make sure it is unloaded and then take a might heave and throw it at them.
That will teach em’.
My HS classmate, Judge Rex Armstrong, was interested to see this article you posted highlighing his dissent when I cross-posted it on our class site. He did a further search and was surprised to find that well-known Professor Volokh of the Volokh Consiracy blog wrote up the case and agrees with his dissent.
http://www.volokh.com/2012/03/27/odd-interpretation-of-portland-gun-carry-ordinance/
“The dispute is about the interpretation of the word “recklessly.” The dissenters reason, in my view persuasively...”